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DOL Releases Final Overtime Rule, Effective Jan 1, 2020

The Department of Labor has announced the final rule that will increase the minimum salary for certain exempt white collar employees. The final rule is very close to the proposed rule we reported on in March. The new minimums will take effect January 1, 2020. Exempt Executive, Administrative, Professional, and Computer Employees (EAP)Salaried exempt EAP employees must be paid at least $684 per week on a salary basis (an increase from the current minimum of $455 per week). This is the equivalent of $35,568 per year. Up to 10% of this minimum may come from non-discretionary bonuses, incentive payments, and commissions (collectively, “incent

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DOL Releases Final Overtime Rule, Effective Jan 1, 2020

The Department of Labor has announced the new minimum salary for certain exempt white collar employees. The final rule is very close to the proposed rule we reported on in March. The new minimums will take effect January 1, 2020. Exempt Executive, Administrative, Professional and Computer Employees (EAP)Salaried exempt EAP employees must be paid at least $684 per week on a salary basis (an increase from the current minimum of $455 per week). This is the equivalent of $35,568 per year. Up to 10% of this minimum may come from non-discretionary bonuses, incentive payments, and commissions (collectively, “incentive pay”), so long as these payments are received on at least an annual ba

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When does the I-9 need to be completed?

All new employees must complete Section 1 of Form I-9 on or before their first day of employment. Then, within three business days of their start date, they should submit acceptable proof of their identity and eligibility to work in the United States.  As the employer, you should complete Section 2 within those same three business days. If the duration of the job will be fewer than three days, you should complete Section 2 no later than the first day of employment. Section 2 is generally done at the time the employee brings in their identifying documents, as it asks for specific information about these forms of identification. Content provided by TPC HR Support Center.

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Question: Can we give employees different amounts of vacation or PTO time?

Answer: If the differing amounts of vacation or PTO are based on a clearly-defined employee groupings, such as seniority, department, or exempt versus non-exempt status, then yes. It’s a common practice, for example, for employers to offer more vacation time to employees who have been with the organization for longer.  Where you can run into trouble is offering different amounts of vacation on an individual basis or without clearly-defined criteria, either of which can lead to discrimination claims. For instance, if Rafik and Anita are hired at the same time for similar jobs in the accounting department at the same rate of pay, but the organization offers Rafik more vacation, Anita

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Governor Cracks Down on Employee Misclassification

Earlier this month Governor Evers issued Executive Order 20 (EO), which will ultimately lead to a crackdown on misclassification of employees as independent contractors. The EO calls for creation of a joint task force of leaders from the state Department of Workforce Development, Attorney General’s office, Workers’ Compensation and Unemployment Insurance Divisions, and several other state agencies.  The task force has been given numerous objectives, some of which are fairly administrative, but it’s clear that its primary focus is enforcement and a push for increased reporting of misclassification. The Governor cited the impact on vulnerable populations that are misclassified (

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Why You Should Care About Your Employer Brand

Lots of HR leaders today are talking about the importance of using marketing techniques to build an effective employer brand. The topic was a focus in several sessions at the latest annual Society for Human Resource Management (SHRM) conference.  What is an employer brand? To answer that question, it may be helpful to go over what a brand is in general. A brand is a name, image, or some other feature that distinguishes your products and services from those offered by others.  Branding may sound simple, but as any marketing team can tell you, a lot of thought and work goes into it, and the difference between success and failure couldn’t be starker. If you call to mind successfu

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We don’t typically do background checks, but we’re hiring a driver who will be operating a company vehicle. We want to do a background check for this position, but since we’ve never done one for anyone else, we’re worried it would look discriminatory.

You may conduct a background check for this job even though you haven’t done one for others. You can elect to run a background check on only certain positions based on the nature of a position, but you'll want to be consistent for all individuals in a specific position. if you only ran a check on this candidate, that could certainly appear discriminatory. Additionally, as a best practice, we recommend that background checks be done after a conditional offer of employment has been made. In this case, it would be logical to look for and consider DUIs, traffic tickets, and any convictions related to the work the candidate would do for you. We would recommend, however, against making a hir

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What is an employee’s regular rate of pay? Is it just what they make per hour of work?

Not exactly. An employee’s “regular rate of pay” is the amount used to calculate their overtime rate for a given time period. You might think of it as an average, of sorts. An employee’s regular rate is determined by adding up the amount paid for their work, as well as earnings from non-discretionary bonuses (such as those tied to performance or retention), then dividing that amount by the total hours worked.    For example, let’s say Anna earns $10/hour for inside sales work and $15/hour for bookkeeping work. This week, she worked 24 hours in inside sales and 20 hours as a bookkeeper. She also received $50 in commissions that are attributable to this workweek. H

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EEO-1 Reporting Requirements Finalized

The hotly contested issue of what exactly needs to be filed for EEO-1 reporting this year has been resolved—at least for now. Pay data for both 2017 and 2018 must be reported to the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. The data that has been required in years past is still due by May 31, 2019. An appeal of the latest decision has been filed, so it's possible that there could be yet another change to the requirements, but employers should plan to comply with these deadlines, as described below.  Does my business even need to file the EEO-1 report?If you have fewer than 100 employees and no federal contracts, you are not subject to EEO-1 reporting re

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Final Pay Laws By State

Did you know that each state has their own rules on when an employees final paycheck is due? Here in Wisconsin, if an employee quits, it is due to them on their next scheduled pay day. If an employee is fired, it is also the next scheduled payday, or if the termination is the result of a merger, relocation, cessation, or liquidation of the business, final pay is due within 24 hours. It is definitely not an exciting read, but here is a link to the details on the Wisconsin State Legislature website. If you have questions on other states, please don't hesitate to ask us.

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